Nikola Guenov v. Merrick Garland

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 31, 2023
• Docket: 23-1254
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1254 Doc: 18 Filed: 08/31/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1254

NIKOLA T. GUENOV; VIDA GUEORGUIVA GUENOVA,

Petitioners,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: August 29, 2023 Decided: August 31, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

ON BRIEF: Andres Y. Mejer, ANDRES MEJER IMMIGRATION ATTORNEYS, Eatontown, New Jersey, for Petitioners. Brian Boynton, Principal Deputy Assistant Attorney General, Jonathan Robbins, Assistant Director, Erik R. Quick, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1254 Doc: 18 Filed: 08/31/2023 Pg: 2 of 2

PER CURIAM:

Nikola T. Guenov and his wife, Vida Gueorguiva Guenova (Petitioners), natives

and citizens of Bulgaria, petition for review of an order of the Board of Immigration

Appeals denying Petitioners’ motion for sua sponte reopening of their removal

proceedings. Upon review of the parties’ briefs, considered in conjunction with the

administrative record and the relevant authorities, we agree with the Attorney General that

we lack jurisdiction to review the subject order. See Lawrence v. Lynch, 826 F.3d 198,

206-07 (4th Cir. 2016) (affirming that this court “lack[s] jurisdiction to review how the

Board exercises its sua sponte discretion”); Mosere v. Mukasey, 552 F.3d 397, 400-01 (4th

Cir. 2009). Accordingly, we dismiss this petition for review for lack of jurisdiction. We

dispense with oral argument because the facts and legal contentions are adequately

presented in the materials before this court and argument would not aid the decisional

process.

PETITION DISMISSED